Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-09-17
TAKING OUT A PATENT,
What an Inventor Has to do 10 Secure
His Rights.

His Rights.
l HOW APPLICATIONS ARE MADE TO TIE PATENT OFFICE
AND THE ROUTINE THROUGH WHICH THEY PASS
THE APPEAL FROM THE ExAMINER-THE COST OF
| PATENT HERE AND IN ENGLAND.
There are some q, 600 citizens OF the United
States who last year patented their ideas. That
number however, does not represent all the citi-
zens OF this country who had ideas during the past
year. There are great many ideas which do not
| come within the scope OF the patent laws and
| therefore are not patenGable Those thousands OF
patents represent, however. the patentable ideas
of the country for that period OF time The cues
ton as to what constitutes patentable idea is,
Therefore, one OF considerable importance The
United States Patent ONCE answers this question
for all applicants. That is what it is established
Tor and the reason for the existence OF the great
corps OF experts and the clerical force which con.
stitutes one OF the most important bureaus of the
government In England any one who applies for
patent ana pays the fees required Is granted q
patent. The question OF whether there ia any
thing novel or useful In the inventions patented
OF whether they are entirely new, is determined
always costly, Is the test In England or patent
able idea. But In this country the Government
employs corps OF experts to determine this ques-
tion- The inventor, therefore, who wishes to pro-
cure patent upon bis idea so as to secure to him.
self the exclusive benefit OF its use for the term Of
seventeen years must convince the Patent Office
that it Is patentable.
THE FIRST STEP
An application asking for the issue OF patent
is made to the Commissioner of Patents in writ
ing. This application consists of petition which
states the name and residence Of the petitioner,
and requests the grant OF patent Then there Is
the specification, which gives clear and ex plcit
description of the invention or discovery with
distlnct claim OF the part. Improvement, or com
bination which the applicant regards as bis in
vention. Accompanying the specification 1t Is
req taat there should be drawing showing
drawing. and, when called upon, the inventor Is
expected to furnish a model. 1t was formerly re-
a ulf,ed o, III, inventors that they should supply
modei OF their invention and the rows OF eases in
the great halls OF the Patent-Ofice are filed with
models obtained in this way. Then, however, the
system OF photo-lithographing the drawings had
not reached its present stage OF perfection, and
models were OF more importance. PhotO-IithO-
graphy has been extended TO all the back issues,
SO CiaC TOT twenty-five cents person can be sup
Piled with copy OF the drawing OF any patent
that has been issued by the Government.
But TO return to the inventor who is pre-
pairing his application for patent AFTER he
has written his petition and his specifications he
attaches an oath IN the usual form, which afirms
that the applicant believes himself to be the origf-
nal and first inventor OF the thing for which he
asks patent. When these papers are duly drawn
up and sent TO the Commissioner of Patents, the
inventor has taken his first step in obtaining
patent. There is, however, an important matter
which he should not neglect. and that is to accom-
iminary fee required. The entire fee required for
the Issue Of patent is $50. In striking contrast
Is the Oh the inventor who is Obliged
TO pay the government in fees the enormous sum
OF $40 for period of fourteen years. which is the
life OF an English patent. Even then the English
inventor has not the protection which an Aineri-
can patent affords.
REFERRED TO TIE EXAMINER
Upon the receipt at the Patent Office of an appli-
cation for patent 1t is referred to the examiner
who has charge OF the particular class of subjects
to which this invention belongs. There are
tWenty-nlne Oh these examiners, with their corps
q
decided is whether the application is in proper
form, whether the description is sufficiently ex-
picft, and whether the other requirements have
been complied with III 1t Is found to be informal
the inventor is notified and an opportunity is
Then the question arises whether there Is any
thing novel in the invention, whether 1t Is actu-
ally new. Perhaps the same thing has been pat
ented before or described in print or perhaps it
has been III common use. In order to ascertain
this, reference is made to American and foreign
patents, printed scientific works In all languages,
and all the Information the examiner Is able TO
collect from all sources relating to the art upon
which he Is especially employed. II the examiner
finds that the inyention is novel, then he
must consult the applications then pending,
before the office to ascertain whether the same
idea has been offered for patent by some other in
Vent0r. II he finds nothing IDENTICAL the applica-
ton is sent to the issue division, and then IL be-
comes patent In a comatose condition, as it were
In Patent ONCE parlance 1t is an ''alowed cond-
ton, and Ii at any time during six months after
it reaches the issue division the inventor steps up
and pays $40, tine remainder OF the patent fee,
ID.
plication Is presented until the patent Is issued
when IL Is clear case. and there are no amend
ments interference, and other little pitfalls that
lie IN the way OF patent, the average time re-
Quired Is about ten months In some Of the ex-
amining divisions, where the work is behind six or
eight months, as Is not uncommon, applications
have to take their turn, and then the time re-
Quired for the evolution OF an application into n
patent is considerably longer.
APPEALING FROM THE EXAMINER
When the inventor does not agree with the de-
81 n hQ amin tot bnv
vention, or any part OF it, and after he has failed
in his attempt to amend his application, then he
may appeal TO the examinerS-ih-chief. board OF
three officers, and from them he has an appeal to
the commissioner OF Patents. Ii all these author
tiles fail to agree with the inventor he still has
recourse to the supreme Court of the District ana
OF course, an appeal to the United States Supreme
Court.
In cases where an examiner finds that an applica-
tlon for patent covers the same ground as one al
ready before the Office he cases are sent to the
examiner OF interferenceS, who hears the evidence
and determines the question OF the priority OF the
Invention. The number OF cases or applications
Tor patent which are entirely free from objection
and contain entirely new matter, and in conse-
quence go through the Office without check or
hlndrance, are comparatively few. Inventors as
rule, want to include along with their invention
good portion oil the earth. aad as this has been
TO a great extent already pre-empted by
lays in the course of which his
demands are pared down to the actual novelty
which his invention contains The law seems To
act on the presumption that the examiner is right
lor an appeal from his decision TO the board costs
the Inventor 80, and further appeal TO the Com.
missioner costs SO. Then it Is found to be more
expeditions for inventors to employ attorneys
learned In the patent laws and in the methods OF
the Patent Office and their services cost from sos
10 TWO or three hundred dollars according to the
circumstances OF the case 1t is not absolutely
necessary for an inventor to employ an attorney
II ne mas the ability TO draw up his application
correctly and meet the requirements OF the Office
In that event the total cost to the inventor when
bis case Is clear one, Is the regular Zee OF SS5
lie mi tpaf iop has
nave drawings made OF MS invention and when
ne mas not the ability TO do the work himself he
must employ some one to do IT,, IL is not believed
that the cost Of getting out patent In this eoun-
Try Is excessive, or that any one is deferred on
that account
PAYING PATENTS
Whether fair proportion or the patentees, ever
receive from their patents even the small amount
that 1t costs them in getting out the patents is
question that is rather difficult to answer. There
nave been estimates made by those who have an
opportunity or Knowing great deal OF the char
actef OF the patents Issued, and these estimates
TX the paying patents AT a very low percent age
OF the entire issue. However that NAV he the
Dunper OF patents Issued have Increased every
year, with but Few exceptions from the year
1870, When the first American patents were is
soed. The first yea T there were three patents
granted; in 1900, Al 1910, 2.,3; 1870 155. 1S3O
o44; 1870 473; 1850, Sso; 1860, 4SI9: 1870 il s2l
1880, l., S26; 1856, u, 7D7.
A Free Public Library for Wasb,npto,,.
To the Editor of The EVENING STAR
In Walter BcSint'S palace OF DELIGHT, WAC
drawn In strong and earnest words from a strong
and loving heart the embodiment OF all that ,voS